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(영문) 수원지방법원 2017.08.23 2017가단1338
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who runs a construction business, such as construction, interior, electrical construction, air-conditioning and heating equipment installation, with the trade name of “B,” and the Defendant is a company that runs reinforced concrete construction business, soil construction business, etc.

B. On October 29, 2015, the Plaintiff and the Defendant concluded a contract for construction works with the following contents (hereinafter “instant construction contract”).

1. Construction name: C-family housing installation works;

2. Type of construction: Fire-fighting works;

3. Period of construction: From October 29, 2015 to November 26, 2015;

4. Contract amount: 66,00,000 won - Amount of supply: 60,000,000 won - Value-added tax: 6,00,000 won.

5. Time and method of the payment of the contract price: Article 26 (Payment of Price under Article 26) (1) of the term of the contract (the term “Defendant” refers to the “Defendant”; hereinafter the same shall apply) shall be paid in installments to “B” (the term “Plaintiff”; hereinafter the same shall apply) within the scope of the rate of the payment of the contract price that Party A received from the ordering office.

(2) If a person passes an inspection under Article 19, B may demand the payment of the price therefor according to the prescribed procedures.

B Upon receipt of a request from the ordering Party of this Corporation, A shall pay the construction price to B within 15 days from the date of receipt by the ordering Party of this Corporation in accordance with the criteria of paragraph (1).

The balance shall be claimed by attaching a tax invoice and a certificate of performance guarantee for defects.

C. The Defendant paid the Plaintiff KRW 66,00,000,000 in total, as construction price under the instant construction contract, KRW 22,000,000 on October 8, 2015, and KRW 44,000 on December 29, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion is as follows: (a) the construction of the Chungcheong apartment model Hashes, Jeju E-dong, F apartment model Hashes, the construction of the Changwon G apartment model Hashes, the construction of the Changwon G apartment model Hashes, the construction of the Changwon Seo-gu G apartment model Hashes, and the model Hashes construction.

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